Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-02-19
APPLICATION FOB PATENT.

APPLICATION FOB PATENT.
Where papers have once been hled with the
Register and neceiver hey become . part Of
the record. and can neither be Withdrawn nor
returned, but must be transmitted to the Geo
ersl Land once.
An application will be rejected when the
scription OF the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
~second-Th notice was not published in 9
new p designated as published nearest the
claim.
Third-Record title was found defective,
and
Fourth-A previous application had been
made for me same premises. which was with
drawn pending 8 suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
Where several parties own separate and dis
tinct portions of Q claim. application for
patent may be made by either for tn 81 portion
Of the claim owned by him.. but where several
parties own undivided interests In : mining
claim all should join In an application for .
patent.
A person or association may purchase ss
many placer locations As the local law admits,
and embrace them all in one application for .
patent.
we or more lodss cannot be embraced in
one application for 9 patent except for placer
claims embracing two or more lodes within
their boundaries
ing TO act 80 9 deputy for the Register and Ee-
eeiver cannot be recorded IS evidences.
In all patents for mining claims situated
within the interior boundaries OF . town site
3 eisuse is inserted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings. structures, lots,
blocks, streets, alleys or other municipal I'm
provements not belonging to the grantee here
in, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made q only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must slApse between the
| fret and last insertions.
where the Register designates the daily issue
Of Q newspaper for publication Of notices Of .
mining application for patent IL IL not Q com
pliance with Law to change 70 the weekly edi-
ton of the same paper without authority Of
the Register.
The existence Of Q salt spring on Q tract of
land withdraws 1t from the operation Of the
homestead and presumption laws. a hearing
for the purpose Of proving the agricultural
A81
containing valuable deposits Of slate may be
entered under the mining Acts.
lDyEEsE CLAIMS.
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In al adverse claim, once filed
cannot be Withdrawn. but becomes Q part Of the
record.
When an adverse claim has been fled ii can.
not be amended 50 rs ~ embrace q larger per.
ton OF the premises than that described in toe
original adverse claim.
An adverse claim must be made ont in
proper form and flied in the proper local OH &c
during the period of public stion Of the appli.
cation for the patent TO be Elective.
1t is the duty OF the adverse claimant 0
commence suit in proper form within the re.
quired time. and IL he trusts the uncertain
medium Of the United States mail he must
abide tho consequences. should the delay
ensne, through misfortune or accident. should
the failure 10 suit be the result OF
the corrupt or dishonest seton OF his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de-
tail the facts upon which lie bsses his adverse
claim. A stAtemen. ia general terms, embody.
ing conclusions of law, without stating the
facts specially, Will net he considered ia evil
dence.
An adverse claimant should show compli.
ance with the local laws In recording has claim
and In regard TO expenditures, aud shall ale A
copy Of the original notice of his location, and
show the nature or extent OF the confic,
alleged.
An allegation Of parties to a suit that they
compose the company Is sufhcient. and they
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LAxDs.
Where land is Of little, IL any value, for sert.
cultural purposes. but Is essential TO the
proper Development OF mining claims, Il
should be disposed of under the Mining Act.
Whert lands containing valuable mineral
deposits have been included in an AGRICULTURAL
entry. said entry will be cancelled a. any time
prior to issuance Of patent, upon satisfactory
positA.
Where valuable deposits o. mineral are dis.
covered upon q tract sitter the same ias been
entered A. agricultural, but before I ssent hss
been issued, the parties claiming the mine
may make application for patent for same
and the agricultural entry viii be cancelled ~
that portion Of the land embraced By said
mining claim.
Where mineral deposits are discovered on
agricuiturAl lands after the patent has been
issued to sn agricultural claimant. thew pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims,
ALIENS.
A foreigner may make 9 mining location
dispose OF 1t. provided he becomes 4 citizen
oefore disposiDg OF the mine. Proof that the
party was not Q citizen before disposIng Of his
claim must be afirmstively shown.
Locators and intermediate owners. other
.nsn Appncanfs. viii not be presumed aliens,
In the absence Of allegation or obiectton prior
TO Issuance of patent.
The portion OF . mining claim soid TO an
alien cannot be patented while such owner is
an alien; but on his declaration 0 become a
citizen his right dates back to his purchase.
patent for his claim.
cRoss LEDaRs.
Revised ststutss. Section 2.ss6;
where TWO or more lodges cross or fnsersect
esch other, priority Of title shall govern, and
sucn prior location shall be entitled TO all ore
or mineral eont.ined within the snsca IN intsv.
section. put the subsequent iocatioa shall have
the right OF way through the space Of inter.
section Tor the purpose Of the convenient
working OF the mine. And where two or raore